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Act No. 21 of 1992 as made
An Act to amend legislation relating to the arts, sport, the environment and Territories
Date of Assent 10 Apr 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

ARTS, SPORT, ENVIRONMENT AND TERRITORIES LEGISLATION AMENDMENT ACT 1992 No. 21, 1992

ARTS, SPORT, ENVIRONMENT AND TERRITORIES LEGISLATION AMENDMENT ACT 1992 No. 21 of 1992 - LONG TITLE

An Act to amend legislation relating to the arts,
sport, the environment and Territories

ARTS, SPORT, ENVIRONMENT AND TERRITORIES LEGISLATION AMENDMENT ACT 1992 No. 21 of 1992 - SECT 1
Short title

(Assented to 10 April 1992)
(Date of commencement 7 May 1992)
1. This Act may be cited as the Arts, Sport, Environment and Territories Legislation Amendment Act 1992.

(Minister's second reading speech made in-
House of Representatives on 29 November 1991
Senate on 3 March 1992)

ARTS, SPORT, ENVIRONMENT AND TERRITORIES LEGISLATION AMENDMENT ACT 1992 No. 21 of 1992 - SECT 2
Amendments of Acts

2. The Acts specified in the Schedule are amended as set out in the Schedule.

ARTS, SPORT, ENVIRONMENT AND TERRITORIES LEGISLATION AMENDMENT ACT 1992 No. 21 of 1992 - SCHEDULE

SCHEDULE Section 2
AMENDMENTS OF ACTS
Australian Capital Territory (Planning and Land Management) Act
1988
After section 20:
Insert:
Objections to re-submitted draft Plan
"20A.(1) If the Territory planning authority continues to
object to any aspect of the draft Plan re-submitted to the
Minister, the Authority must attach to the draft Plan a
statement of its reasons for not accommodating the objection.
"(2) If the Minister receives a statement from the Authority
under subsection (1), the Minister, after consultation with the
Executive, must give a written direction to the Authority:
(a) to disregard the objection; or
(b) to alter the draft Plan to accommodate the objection
wholly or partly.
"(3) A direction given by the Minister under subsection (2)
must be published in the Gazette within 7 days after the
Minister gives the direction.
"(4) The Minister must cause a copy of each direction given
under subsection (2) to be laid before each House of the
Parliament within 6 sitting days of that House after the
Minister gives the direction.".
Section 53:
Add at the end:
"(2) In particular, the regulations may provide for:
(a) the charging and recovery of fees in relation to
proposals submitted to the Authority for approval under this
Act; and
(b) the remission, refund or waiver of those fees, or the
exemption of persons from payment of those fees.
"(3) The amount of a fee:
(a) must be reasonably related to the expenses incurred or
to be incurred by the Authority in connection with the proposal
in question; and
(b) must not be such as to amount to taxation.".
Australian Sports Drug Agency Act 1990
Subsection 2(1):
Insert the following definitions:
" 'anti-doping arrangement' means an international arrangement
specified in regulations made for the purposes of section 66A;
'negative test result', in relation to a competitor, means a
finding, made by an accredited laboratory by means of testing a
sample provided by the competitor, that is not a positive test
result;".
Subparagraph 12(3)(b)(iii):
After "sample", insert "(including the persons and bodies who
would, under section 17, be notified of the failure)".
Subparagraph 12(3)(b)(iv):
After "result", insert "(including the persons and bodies who
would, under section 17, be notified of the result)".
Paragraph 12(3)(b):
Add at the end:
"; and (vi) the persons and bodies who may, under section 17A,
be notified of a negative test result.".
Subsection 17(1):
Add at the end:
"; and (d) each authority of a foreign country that is an

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authority to which the Agency is required to give such notice
under an anti-doping arrangement that the Commonwealth has
entered into with that country.".
After section 17:
Insert:
Notification of negative test results
"17A. If a competitor returns a negative test result, the
Agency may disclose details of the result to any of the persons
or bodies referred to in subsection 17(1).".
After subsection 18(2):
Insert:
"(2A) The Minister may, in writing, request the Agency to
give to the Minister a written notice stating, in respect of
each competitor specified in the request, whether the
competitor has returned a negative test result.".
Subsection 18(3):
Insert "or (2A)," after "subsection (1)".
After section 65:
Insert in Part 7:
Agency exempt from taxation
"65A.(1) Subject to subsection (3), the Agency is not subject
to taxation under any law of the Commonwealth or of a State or
Territory.
"(2) Subject to subsection (3), the transactions of the
Agency in respect of goods for use (whether as goods or in some
other form), and not for sale, by the Agency are not subject to
the laws of the Commonwealth relating to sales tax.
"(3) The regulations may provide that subsection (1) or (2)
does not apply in relation to taxation under a specified law.".
After section 66:
Insert:
Anti-doping arrangements
"66A.(1) The regulations may specify that an international
arrangement entered into by the Commonwealth is an anti-doping
arrangement for the purposes of this Act.
"(2) The Agency is to prepare and maintain a list of anti-doping
arrangements that are in force.".
After paragraph 70(1)(b):
Insert:
"or (c) any employee of the Agency.".
Environment Protection (Sea Dumping) Act 1981
Subsection 39(2):
Omit the subsection, substitute:
"(2) Subject to subsection (4), a certificate signed by an
analyst appointed under subsection (1) setting out, in relation
to a substance, one or more of the following:
(a) that he or she is appointed as the analyst under
subsection (1);
(b) when and from whom the substance was received;
(c) what labels or other means of identification accompanied
the substance when it was received;
(d) what container the substance was in when it was
received;
(e) a description, including the weight, of the substance
when it was received;
(f) the name of any method used to analyse the substance or
any portion of it;
(g) the results of any such analysis;
(h) how the substance was dealt with after handling by the
analyst, including details of:
(i) the quantity of the substance retained after analysis;
and
(ii) names of any person to whom any of the retained
substance was given after analysis; and
(iii) measures taken to secure any retained quantity of the
substance after analysis;
is admissible in any proceeding for an offence against this Act
as prima facie evidence of the matters in the certificate and
the correctness of the results of the analysis."
National Parks and Wildlife Conservation Act 1975
Subsection 3(1):
Insert:
"'botanic garden' means a scientific and educational
institution the purpose of which is the advancement and
dissemination of knowledge and appreciation of plants by:
(a) growing them in a horticultural setting; and
(b) establishing herbarium collections; and
(c) conducting research; and
(d) providing displays and interpretative services;".
After paragraph 11(8)(c):

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Insert:
"(ca) in the case of a park or reserve managed as a botanic
garden - the increase of knowledge, appreciation and enjoyment
of Australia's plant heritage by establishing, as an integrated
resource, a collection of living and herbarium specimens of
Australian and related plants for study, interpretation,
conservation and display;".
Schedule:
Insert at the end:
"6. Convention on Conservation of Nature in the South
Pacific, signed at Apia, Western Samoa on 12 June 1976.
"7. Convention on the Conservation of Migratory Species of
Wild Animals signed at Bonn on 23 June 1979.
"8. Agreement between the Government of Australia and the
Government of the People's Republic of China for the Protection
of Migratory Birds and their Environment, signed at Canberra
on20 October 1986.".
Norfolk Island Act 1979
Subsection 8(1):
Omit the subsection, substitute:
"(1) The Governor-General may, by Commission, appoint a
person to act in the office of Administrator, and to administer
the government of the Territory:
(a) during a vacancy in the office of the Administrator; or
(b) during any period, or during all periods, when the
Administrator:
(i) is absent from duty, or from the Territory; or
(ii) is, for any reason, unable to perform the duties of the
office.
"(1A) While a person so appointed is administering the
government of the Territory, he or she has all the powers and
functions of the Administrator.".
Subsection 8(2):
Insert "from duty or" before "from the Territory".
Paragraph 9(2)(a):
Omit the paragraph, substitute:
"(a) there is a vacancy in the office of Administrator or
the Administrator is absent from duty or from the Territory or
is unable for any reason to perform his or her duties; and".
Subparagraph 9(2)(b)(ii):
Omit the subparagraph, substitute:
"(ii) an Acting Administrator has entered on his or her
duties but is absent from duty or from the Territory or is
unable for any reason to perform those duties;".
Subsection 9(3):
Insert "from duty or" before "from the Territory".
Protection of Movable Cultural Heritage Act 1986
Before section 22:
Insert:
Certain resolutions may be made without meetings
"21B.(1) If all the members of the Committee (other than any
member to whom subsection (3) applies) sign a document
containing a statement that they support a recommendation or
report made, in the terms set out in the document, in relation
to an application made under section 10 or 10A, a
recommendation or report in those terms is taken to have been
adopted by a duly constituted meeting of the Committee held on
the day the document was signed, or if the members sign the
document on different days, on the last of those days.
"(2) For the purposes of subsection (1), 2 or more separate
documents containing statements in identical terms, each of
which is signed by one or more members, are together taken to
constitute one document containing a statement in those terms
signed by those members on the respective days on which they
signed the separate documents.
"(3) A member must not sign a document containing a statement
in favour of the recommendation or report if it is in respect
of a matter in which the member would, for the purposes of
section 20, be taken to have a direct or indirect pecuniary
interest.
"(4) This section does not apply to a document that less than
5 members of the Committee are eligible to sign.".
Wildlife Protection (Regulation of Exports and Imports) Act
1982
Subsection 75(2):
Omit the subsection, substitute:
"(2) Subject to subsection (4), a certificate signed by an
examiner appointed under subsection (1) setting out, in
relation to a substance, matter or thing one or more of the
following:

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(a) that he or she is appointed as the examiner under
subsection (1);
(b) when and from whom the substance, matter or thing was
received;
(c) what labels or other means of identification accompanied
the substance, matter or thing when it was received;
(d) what container held the substance, matter or thing when
it was received;
(e) a description, including the weight, of the substance,
matter or thing when it was received;
(f) the name of any method used to analyse the substance,
matter or thing or any portion of it;
(g) the results of any such analysis;
(h) how the substance, matter or thing was dealt with after
handling by the examiner, including details of:
(i) the quantity of the substance, matter or thing retained
after analysis; and
(ii) names of any person to whom any of the substance,
matter or thing was given after analysis; and
(iii) measures taken to secure any retained quantity of the
substance, matter or thing after analysis;
is admissible in any proceeding for an offence against this Act
as prima facie evidence of the matters in the certificate and
the correctness of the results of the analysis.".
(b) when and from whom the substance was received;
(c) what labels or other means of identification accompanied
the substance when it was received;
(d) what container the substance was in when it was
received;
(e) a description, including the weight, of the substance
when it was received;
(f) the name of any method used to analyse the substance or
any portion of it;
(g) the results of any such analysis;
(h) how the substance was dealt with after handling by the
analyst, including details of:
(i) the quantity of the substance retained after analysis;
and
(ii) names of any person to whom any of the retained
substance was given after analysis; and
(iii) measures taken to secure any retained quantity of the
substance after analysis;
is admissible in any proceeding for an offence against this Act
as prima facie evidence of the matters in the certificate and
the correctness of the results of the analysis.".
National Parks and Wildlife Conservation Act 1975
Subsection 3(1):
Insert:
"'botanic garden' means a scientific and educational
institution the purpose of which is the advancement and
dissemination of knowledge and appreciation of plants by:
(a) growing them in a horticultural setting; and
(b) establishing herbarium collections; and
(c) conducting research; and
(d) providing displays and interpretative services;".
After paragraph 11(8)(c):
Insert:
"(ca) in the case of a park or reserve managed as a botanic
garden - the increase of knowledge, appreciation and enjoyment
of Australia's plant heritage by establishing, as an integrated
resource, a collection of living and herbarium specimens of
Australian and related plants for study, interpretation,
conservation and display;".
Schedule:
Insert at the end:
"6. Convention on Conservation of Nature in the South
Pacific, signed at Apia, Western Samoa on 12 June 1976.
"7. Convention on the Conservation of Migratory Species of
Wild Animals signed at Bonn on 23 June 1979.
"8. Agreement between the Government of Australia and the
Government of the People's Republic of China for the Protection
of Migratory Birds and their Environment, signed at Canberra on
20 October 1986.".
Norfolk Island Act 1979
Subsection 8(1):
Omit the subsection, substitute:
"(1) The Governor-General may, by Commission, appoint a
person to act in the office of Administrator, and to administer
the government of the Territory:
(a) during a vacancy in the office of the Administrator; or
(b) during any period, or during all periods, when the
Administrator:
(i) is absent from duty, or from the Territory; or
(ii) is, for any reason, unable to perform the duties of the
office.
"(1A) While a person so appointed is administering the
government of the Territory, he or she has all the powers and
functions of the Administrator.".
Subsection 8(2):
Insert "from duty or" before "from the Territory".
Paragraph 9(2)(a):
Omit the paragraph, substitute:
"(a) there is a vacancy in the office of Administrator or
the Administrator is absent from duty or from the Territory or
is unable for any reason to perform his or her duties; and".
Subparagraph 9(2)(b)(ii):
Omit the subparagraph, substitute:
"(ii) an Acting Administrator has entered on his or her
duties but is absent from duty or from the Territory or is
unable for any reason to perform those duties;".
Subsection 9(3):
Insert "from duty or" before "from the Territory".
Protection of Movable Cultural Heritage Act 1986
Before section 22:
Insert:
Certain resolutions may be made without meetings
"21B.(1) If all the members of the Committee (other than any
member to whom subsection (3) applies) sign a document
containing a statement that they support a recommendation or
report made, in the terms set out in the document, in relation
to an application made under section 10 or 10A, a
recommendation or report in those terms is taken to have been
adopted by a duly constituted meeting of the Committee held on
the day the document was signed, or if the members sign the
document on different days, on the last of those days.

"(2) For the purposes of subsection (1), 2 or more separate
documents containing statements in identical terms, each of
which is signed by one or more members, are together taken to
constitute one document containing a statement in those terms
signed by those members on the respective days on which they
signed the separate documents.

"(3) A member must not sign a document containing a statement
in favour of the recommendation or report if it is in respect
of a matter in which the member would, for the purposes of
section 20, be taken to have a direct or indirect pecuniary
interest.

"(4) This section does not apply to a document that less than
5 members of the Committee are eligible to sign.".
Wildlife Protection (Regulation of Exports and Imports) Act
1982
Subsection 75(2):
Omit the subsection, substitute:
"(2) Subject to subsection (4), a certificate signed by an
examiner appointed under subsection (1) setting out, in
relation to a substance, matter or thing one or more of the
following:
(a) that he or she is appointed as the examiner under
subsection (1);
(b) when and from whom the substance, matter or thing was
received;
(c) what labels or other means of identification accompanied
the substance, matter or thing when it was received;
(d) what container held the substance, matter or thing when
it was received;
(e) a description, including the weight, of the substance,
matter or thing when it was received;
(f) the name of any method used to analyse the substance,
matter or thing or any portion of it;
(g) the results of any such analysis;
(h) how the substance, matter or thing was dealt with after
handling by the examiner, including details of:
(i) the quantity of the substance, matter or thing retained
after analysis; and
(ii) names of any person to whom any of the substance,
matter or thing was given after analysis; and
(iii) measures taken to secure any retained quantity of the
substance, matter or thing after analysis;
is admissible in any proceeding for an offence against this Act
as prima facie evidence of the matters in the certificate and
the correctness of the results of the analysis.".